MANILA-- Recent decisions to reverse the acquittals of human traffickers preying on minors in the Philippines are testaments that "justice for the poor is possible," an international, non-governmental organization focused on human rights, law and law enforcement said on Thursday.
In May and June 2018, the Court of Appeals (CA) rendered two separate decision and convicted six human traffickers and a certain Laynie Yumul, respectively, for exploiting four underaged victims into prostitution.
Evelyn Pingul, International Justice Mission (IJM) communications director, told the Philippine News Agency (PNA) that Yumul hired her victim as a dancer at a bar and helped forged her identification when she was still 15 years old.
Eventually, she transacted with foreign customers and offered the girl for sex.
Pingul said Yumul offered, sold, and pimped the victim to customers through a bar-fine transaction on three separate occasions while the victim was working at the bar.
She was arraigned in January 2015 but was acquitted six months after by a ruling that the prosecution failed to prove, among other aspects, that the victim was a minor and Yumul took advantage of her vulnerability.
On June 27, the CA rendered a decision granting a petition for certiorari and found Yumul guilty of violating the provisions of the Republic Act 9208 or the Anti-Trafficking in Persons Act of 2003.
Yumul was sentenced to life imprisonment and fined PHP2 million for the crime.
On May 3, the appellate court also found six accused guilty of the Anti-Child Abuse Law and Anti-Trafficking in Persons Act of 2003 for exploiting three female minors. The six accused meted with life imprisonment and fined PHP2 million each.
IJM Senior Paralegal Ferdinand Santos said for cases involving commercial sex trafficking of minors, reversal of acquittal is unprecedented.
“Generally, once an accused is acquitted, the chances of getting a reversal are nil because of the constitutionally-enshrined rule on double jeopardy," he said.
"Human traffickers, however, must be wary that should they be acquitted by the trial court, the government would not hesitate to elevate the case to a higher court for judicial review whether such acquittal is tainted with grave abuse grave of discretion or not," he added.
In Yumul's case, Santos described the reversal as a "resounding confirmation" of IJM's position that she is criminally liable for trafficking a child into prostitution and that justice must be served.
"The decision also sends a strong message that the government is relentless in protecting children. It would exhaust every legal remedy available to make human traffickers accountable for their horrendous crimes,” he said.
Meanwhile, Reynaldo Bicol, director of IJM Manila Field Office, said the unprecedented convictions reflect the relentlessness, patience, and advocacy of all those involved.
"This inspires and encourages us to continue fighting for justice on behalf of our victims," he said.
In the Philippines, their collaborative casework is focused on the Online Sexual Exploitation of Children (OSEC).
Bicol said despite the challenges against OSEC, they will continue fighting.
"Yes, today we see that justice for the poor and powerless is possible." (PNA)
